SC COLLEGIUM SYSTEM

Subject: Polity

Context: SC Collegium recommends elevation of Justice Sanjay Yadav as Chief Justice of Allahabad High Court.

Concept:

Collegium system was born through “three judges’ case”and it is in practice since 1998. It consists of the Chief Justice of India and four most senior judges of Supreme Court for appointment and transfer of judges and decides on the recommendations for persons to be appointed as SC and HC judges.
The collegium recommends names to the Centre and the Centre also recommends name. The collegium after considering the names again sends the file to the government.
If the Collegium resends the same name again then the government has to give its assent to the names. But time limit is not fixed to reply.

Evolution and working of the collegium system in India

It is based on the interpretation of the term “Consultation” as mentioned in the Art 124 and Art 217 of the Constitution, and evolved through three judges cases
In the First Judges case (1982), the Court held that consultation does not mean concurrence and it only implies exchange of views.
In the Second Judges case (1993), the Court reversed its earlier ruling and changed the meaning of the word consultation to concurrence.
In the Third Judges case (1998), the Court opined that the consultation process to be adopted by the Chief Justice of India requires ‘consultation of plurality judges.
The sole opinion of the CJI does not constitute the consultation process. He should consult a collegium of four senior most judges of the Supreme Court and even if two judges give an adverse opinion, he should not send the recommendation to the government.
The court held that the recommendation made by the chief justice of India without complying with the norms and requirements of the consultation process are not binding on the government.